The Tribunal acknowledged the claim for regularization based on long service but deferred the decision pending similar ongoing Supreme Court cases.

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act , 1985, the applicants seek the following reliefs:-

“a. Direct the Respondents to consider the Applicants for regularization and consequently regularize them w.e.f. the date of their inception or from the date when their Juniors have been regularized whichever is later

b. Award all consequential benefits as admissible to regular basis Chowkidars including pay parity, Seniority etc and;

c. Direct the Respondents to fix the Applicants’ pay appropriately and release all arrears arising there of

d. Be further pleased to allow the application with costs.

e. pass any other order/direction which this Hon’ble Court deem fit and proper in favour of the Applicants and against the Respondents in the facts and circumstances of the case.”

2. There is no dispute that the present matter pertains to the applicant, who is working as a Chowkidar. It is also not in dispute between the parties that the issue involved in the present O.A. is covered by the decision relied upon by the applicant in W.P.(C) No. 1818/2019 titled Subhash Chandra & Ors. v. Commissioner, East Delhi Municipal Corporation & Ors., decided on 28.05.2025, as the facts are similar.

3. Learned counsel for the respondents, however, submits that Subhash Chandra (supra) has been stayed by the Hon’ble Supreme Court and is pending final adjudication.

4. In a recent decision in O.A. No. 1518/2018 and batch, decided on 24.02.2026, in an identical matter, the following directions were passed:

“Since a common question of facts and law arises in the present O.A.s, they are being disposed of through this common order. However, for the sake of brevity, the facts are primarily being extracted from O.A. No. 1518/2018 with the consent of the learned counsel for the parties.

2. The reliefs prayed for in O.A. No. 1518/2018, reads as under:

“(a) Direct the respondents to absorb/regularise the applicants as Junior Engineers and, if need be, respondents be directed to make appropriate provisions in the Recruitment Rules for absorption/regularisation of the applicants to the post of Junior Engineers.

(b) Direct the respondents to accord pay parity for the past and future service of the applicants with the regular staff.

(c) Accord all consequential benefits including arrears.

(d) Direct the respondents to accord leave and medical benefits to the applicants as admissible to regular JEs.

(e) Award costs of the proceedings; and

(f) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicants.”

3. Mr. Luthra, learned counsel for the applicants, submitted that the respondents have failed to regularize the services of the applicants and grant them pay parity and consequential service benefits at par with regular Junior Engineers, despite the applicants having been engaged through a due process of open advertisement and having rendered more than ten years of continuous, unblemished service. There has been no break in service except for artificial breaks, no complaint regarding their conduct, and their performance has consistently been rated “Good”, “Very Good” and “Excellent”.

3.1. Learned counsel further submitted that the applicants fulfilled the prescribed eligibility and age criteria at the time of initial engagement and are discharging identical duties and responsibilities under the Delhi Municipal Corporation Act, 1957 as regular Junior Engineers. Despite this, they have been paid only the minimum of the pay scale without allowances, increments, leave, medical benefits or 7th CPC benefits, w